Philip K.A vs State Of Kerala
2021 Latest Caselaw 14626 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                         WP(C) NO. 10165 OF 2021


PETITIONERS:

     1        PHILIP K.A.,
              AGED 58 YEARS,
              S/O K.O AUGUSTHY,
              KOZHIMALA HOUSE,
              NEAR HOUSING BOARD, MUVATTUPUZHA-686661
              (RETIRED ASSOCIATE PROFESSOR IN PHYSICS FROM NEW MAN
              COLLEGE, THODUPUZHA).

     2        BABY MATHEW,
              MATTAPPILLIL HOUSE,
              KARIMANOOR P.O, THODUPUZHA (RETIRED ASSOCIATE PROFESSOR
              IN PHYSICS FROM NEWMAN COLLEGE, THODUPUZHA).

     3        MARYKUTTY JOHN,
              EDAVAZHICKAL HOUSE,
              MEMADANGU.P.O, MUVATTUPUZHA-686672.
              (RETIRED ASSOCIATE PROFESSOR IN PHYSICS NEWMAN COLLEGE,
              THODUPUZHA).

              BY ADV M.S.RADHAKRISHNAN NAIR



RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
              GOVERNMENT,
              FINANCE DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

     2        THE PRINCIPAL SECRETARY TO GOVERNMENT,
              HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
 WP(C) NO. 10165 OF 2021         -2-




    3       THE DIRECTOR OF COLLEGIATE EDUCATION,
            VIKAS BHAVAN,
            THIRUVANANTHAPURAM-695001.

    4       THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
            ERNAKULAM,
            HOSPITAL ROAD,
            KOCHI-682011.

    5       STATE OF KERALA,
            REPRESENTED BY THE CHIEF SECRETARY,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.


OTHER PRESENT:

            GP SRI B HARISH KUMAR




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   14.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 10165 OF 2021       -3-



                            JUDGMENT

The matter in controversy is covered by the judgment

of this Court in W.P(C).1033/2020 and connected cases

dated 18.3.2021, whereby the benefit of broken service

has been accorded to the petitioners therein.

This writ petition is allowed in terms of the

aforementioned judgment with a further direction to the

respondents to accord the pensionary benefits the

petitioners are entitled to, in accordance with law. Let this

exercise be undertaken within a period of two months from

the date of receipt of a copy of this judgment.

Sd/-

AMIT RAWAL JUDGE vv

APPENDIX OF WP(C) 10165/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION G.O(P) NO.366/2009/FIN DATED 28/08/2009 ISSUED BY 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE G.O(P) NO.66/16/FIN DATED 9/5/2016 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P3 TRUE COPY OF THE G.O (P) NO.113/16/FIN DATED 5/8/2016 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P4 TRUE COPY OF THE G.O(P) NO.670/79/FIN DATED 30.07.1979 ISSUED BY THE FINANCE (PENSION B) DEPARTMENT.

EXHIBIT P5 TRUE COPY OF THE G.O(MS) NO.191/77/FIN DATED 5.12.1977 ISSUED BY THE HIGHER EDUCATION ()F) DEPARTMENT.

EXHIBIT P6 TRUE COPY OF THE G.O(P) NO.2357/99/FIN DATED 25.11.1999 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P7 TRUE COPY OF THE COMMON JUDGMENT DATED 18.03.2021 IN WPC NO.26553/2020 OF THIS HONOURABLE COURT.